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HomeMy WebLinkAbout2006/08/15-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 15, 2006 Present Mayor Mike Moncrief Mayor Pro tem Kathleen Hicks, District 8 Council Member Salvador Espino, District 2 Council Member Chuck Silcox, District 3 Council Member Daniel Scarth, District 4 Council Member Donavan Wheatfall, District 5 Council Member Jungus Jordan, District 6 Council Member Carter Burdette, District 7 Council Member Wendy Davis, District 9 City Staff Charles Boswell, City Manager David Yett, City Attorney Marty Hendrix, City Secretary With a quorum of the City Council Members present, Mayor Moncrief called the regular session of the Fort Worth City Council to order at 10:22 a.m. on Tuesday, August 15, 2006, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. Agenda Item II The invocation was given by Reverend Robin Michalove, Hemphill Invocation Presbyterian Church. Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV Upon a motion of Council Member Silcox, seconded by Council Member Approval of Jordan, the minutes of the regular meeting of August 8, 2006, were approved Minutes unanimously nine (9) ayes to zero (0) nays. Agenda Item V Linda Shilling, Information Systems Deputy Director, presented the results of Special the City of Fort Worth Employee Food Drive that benefited the Tarrant Area Presentations Food Bank. She presented a check for 232,624 pounds of food to Bo Soderbergh, Executive Director of the Tarrant Area Food Bank, and John Quiroz, President of the Board of Directors of the Tarrant Area Food Bank. Agenda Item VI Council Member Wheatfall invited everyone out to the Second Annual Stop Six Announcements Unity Concert on August 19, 2006, at Village Creek Park, from 3:00 p.m. to 9:00 p.m. He stated that various local groups and artists would be performing throughout the day along with jazz musicians and that the Fort Worth Zoo would be there with their Wild Wonders. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 15, 2006 PAGE 2 of 20 Council Member Espino reminded the public that on August 17, 2006, at 7:00 p.m. a public meeting on transportation impact fees would be conducted in the Council Chamber and encouraged everyone to attend. He announced that on August 14, 2006, Dr. Delagarza and other representatives from Tarrant County College District (TCCD), along with representatives from Austin Commercial, met at the offices of the Fort Worth Hispanic Chamber to discuss Minority/Women Business Entereprise (M/WBE) goals for the construction of a new downtown campus. He stated that the meeting was very productive and commended TCCD for moving forward with establishing M/WBE goals for construction of the campus. He added that he looked forward to further discussions on an overall M/WBE component for all of their purchasing. Agenda Item VII City Manager Boswell requested that Mayor and Council Communication Nos. Withdrawn from G-15342 and G-15343 be withdrawn from the consent agenda. Consent Agenda Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication No. Continued/ L-14234 be continued for one week. Withdrawn By Staff Agenda Item IX Upon a motion made by Council Member Silcox, seconded by Council Member Consent Agenda Davis, the Council voted nine (9) ayes to zero (0) nays to approve and adopt all remaining items on the Consent Agenda as recommended and as follows: OCS-1570 M&C OCS-1570 - from the Office of the City Secretary recommending that the Claims City Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. G-15341 M&C G-15341 — Adopting Ordinance No. 17095-08-2006 increasing estimated Ord. No. 17095- receipts and appropriations in the Information Systems Capital Projects Fund in 08-2006 the amount of $5,700,000.00 from a budgeted three-year repayment in the Inter-fund Loan Information Systems Fund for the purpose of funding an inter-fund loan for for Technology technology equipment purchases and services; and authorizing inter-fund loan Equipment financing for technology equipment purchases and services from additional Purchases and vendors with approved City purchase agreements for technology equipment and Services services to be effective for the term and renewal terms as defined by the individual purchase agreements that have been established between the City and the vendors. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 15, 2006 PAGE 3 of 20 P-10435 M&C P-10435 — Authorizing a purchase agreement for hardware and Hardware and maintenance at a cost of $136,373.00 from International Business Machines Software (IBM); authorizing a purchase agreement for hardware and software Installation, installation, high availability software fail-over configuration testing at a cost of Maintenance, $25,000.00 from IBM; and authorizing an agreement for system engineering Configuration and support services from CompuDyne Public Safety & Justice, Inc., for the Police Testing, and Department at a cost of$38,285.00. System Engineering Support Services L-14229 M&C L-14229 — Accepting the dedication of 7.884 acres of parkland described Dedication of as a 3.405 acre and 4.479 acre tract of land situated in the C. C. Whyte Survey, Parkland for Abstract No. 1611, Tarrant County, Texas, from Gehan/Arcadia Park, L.P., Arcadia Trail required for Manor Hill at Arcadia Trail Park North. Park North C-21614 M&C C-21614 —Approving the acceptance of a lease agreement for natural gas Dale Resources, drilling under 10.885 mineral acres more or less of City-owned properties LLC located in Tarrant County known as the Police Pound to Dale Resources, LLC for a two-year term. C-21615 M&C C-21615 —Authorizing the City Manager to execute Change Order No. 1 Change Ord. No. 1 to City Secretary Contract No. 33485 with Ballou Construction Co., Inc., in the to CSC No. 33485 amount of $227,341.45 for Micro-Surfacing 2006-2 at various locations, Ballou thereby increasing the contract amount to $1,140,352.20. Construction Co., Inc. C-21616 M&C C-21616 — Authorizing the City Manager to execute a contract for DeOtte, Inc. professional services with DeOtte, Inc., in the amount of $91,230.00 for the drainage assessment, design and preparation of construction documents for Overton Park Channel Erosion Control Improvements. The motion carried. End of Consent Agenda. Agenda Item X There were no changes presented by the City Council in memberships in the Presentations by City's boards and commissions. City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 15, 2006 PAGE 4 of 20 Agenda Item XI There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations Agenda Item XIII There was presented a resolution regarding the Citizens' Advisory Group, Res. No. 3397-08- reestablishing the Charter of the Citizens' Advisory Group for the Southwest 2006 Parkway, and filling vacancies on the Citizens' Advisory Group as follows: Citizens' Advisory Group a. Mayor Mike Moncrief hereby appoints Susanna Olmos-Soto. b. Council Member Jungus Jordan hereby appoints Tony Stutts and Cynthia Caldwell. Council Member Silcox made a motion, seconded by Council Member Davis, that Resolution No. 3397-08-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Res. No. 3398-08- There was presented a resolution approving Dallas/Fort Worth (D/FW) 2006 International Airport Board Resolution No. 2006-08-277 accepting the highest Authorize Oil and and best bid and authorizing the execution of an oil and gas lease for the Gas Lease on production of natural gas on the Dallas/Fort Worth International Airport D/FW property. International Airport Property City Attorney Yett informed the Council that a revised resolution had been distributed to the Council that recommended approval of the bid. He stated that this was a product of discussions with the City of Dallas staff and Dallas/Fort Worth International Airport staff and ensured that the City of Fort Worth had a consistent resolution to the one that would be considered by the City of Dallas on August 15, 2006. Council Member Silcox made a motion, seconded by Council Member Espino, that Resolution No. 3398-08-2006 be adopted as revised. The motion carried unanimously nine (9) ayes to zero (0) nays. Agenda Item XIV There was presented an ordinance ordering a Special Election by the qualified Ord. No. 17096- voters of the City of Fort Worth, Texas, on Tuesday, the 7th day of November, 08-2006 2006, on the question of whether the City of Fort Worth should be authorized to Order Special recognize an employee association as a sole and exclusive bargaining agent for Election for the municipal police officers and authorizing the City of Fort Worth to make November 7, 2006 agreements with the employee association as provided by law. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 15, 2006 PAGE 5 of 20 Council Member Espino inquired why neither the Summerglen Library nor Riverside Community Center were not identified as early voting locations. Council Member Silcox also questioned the amount of time remaining to address the early voting locations before the November election. City Secretary Hendrix responded that the reasons these locations were not reflective of the sites the City of Fort Worth usually used was that in a November election in which the County and State officials were being elected, the law was specific to the fact that the City had to use the sites that the County Elections Administration normally used. She added that also in the election order, the City had to contract separately with Tarrant County, Wise County, and Denton County, whereas the City normally contracted with Tarrant County and they provided election services in those other areas. However, County lines could not be crossed during the November election and therefore three separate contracts were needed. City Secretary Hendrix stated that she would advise Tarrant County of the Council's recommendations on early voting sites. Council Member Silcox made a motion, seconded by Council Member Davis, that Ordinance No. 17096-08-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XV—REPORT OF THE CITY MANAGER G-15342 There was presented Mayor and Council Communication G-15342 from the Ord. No. 17097- City Manager recommending that the City Council consider and adopt the 08-2006 findings and opinions of the City staff as presented herein; find that the public Grant Privilege to necessity and convenience require the operation of 21 limousines upon the city Accent Johnston streets, alleys, and thoroughfares; and adopt an ordinance granting to Accent Limousine Johnston Limousine the privilege to use the streets, alleys and public thoroughfares of the city in the conduct of its limousine business, which shall consist of the operating of twenty-one limousines for a period beginning on August 8, 2006, and ending on August 7, 2009; specifying the terms and conditions of the grant; and providing for written acceptance by Accent Johnston Limousine. City Manager Boswell stated that the ordinance needed to be amended to reflect the correct timeframe of the operating privilege as being from August 15, 2006, and expiring August 14, 2009. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 15, 2006 PAGE 6 of 20 Council Member Wheatfall made a motion, seconded by Council Member Espino that Mayor and Council Communication No. G-15342 be approved and Ordinance No. 17097-08-2006 be adopted as amended. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15343 There was presented Mayor and Council Communication No. G-15343 from Ord. No. 17098- the City Manager recommending that City Council consider and adopt the 08-2006 findings and opinions of the City staff as presented herein; find that the public Grant Privilege to necessity and convenience require the operation of three limousines upon the City city streets, alleys, and thoroughfares; and adopt an ordinance granting to City Transportation, Transportation, LLC, the privilege to use the streets, alleys and public LLC thoroughfares of the city in the conduct of its limousine business, which shall consist of the operation of three limousines for a period beginning on August 8, 2006, and ending on August 7, 2009; specifying conditions of the grant; and providing for written acceptance by City Transportation, LLC. City Manager Boswell stated that the ordinance needed to be amended to reflect the correct timeframe of the operating privilege as being from August 15, 2006, and expiring August 14, 2009. Council Member Davis made a motion, seconded by Council Member Silcox that Mayor and Council Communication No. G-15343 be approved and Ordinance No. 17098-08-2006 be adopted as amended. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15344 There was presented Mayor and Council Communication No. G-15344 from Ord. No. 17099- the City Manager recommending that the City Council adopt an ordinance 08-2006 amending the Code of the City of Fort Worth, by amending Chapter 7 Increase Members "Buildings", Article IV "Minimum Building Standards Code", Division 2 of Appeals Board "Administration" by amending Section 7-78 "Appeals Board" to expand the and Authorize authority of the Appeals Board to hear appeals from the Historic and Cultural Board to Hear Landmarks Commission, Downtown Design Review Board and other boards or Appeals from commissions as determined by the City Council and to expand the membership Other Boards and of the board from five to nine members to be appointed by City Council. Commissions Council Member Espino made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15344 be approved and Ordinance No. 17099-08-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 15, 2006 PAGE 7 of 20 G-15345 There was presented Mayor and Council Communication No. G-15345 from Appoint Executive the City Manager recommending that the City Council approve the appointment Director of by the Board of Directors of the Employees' Retirement Fund of Ruth Ryerson Employees as the Executive Director of the Employees' Retirement Fund of the City of Retirement Fund Fort Worth. Council Member Silcox made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. G-15345 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. Public Hearing It appeared that the City Council set today as the date for a public hearing to G-15346 adopt an ordinance amending the Project and Financing Plan for Tax Increment Ord. No. 17100- Reinvestment Zone Number Eight, City of Fort Worth, Texas (Lancaster 08-2006 Corridor TIF). Mayor Moncrief opened the public hearing and asked if there Amending Project was anyone present desiring to be heard. and Financing Plan for Tax Ms. Ossana Hermosillo, Economic Development Specialist, appeared before Increment Council, gave a staff report, and called attention to Mayor and Council Reinvestment Communication No. G-15346, as follows: Zone No. 8 (Lancaster There was presented Mayor and Council Communication No. G-15346 from Corridor TIF) the City Manager recommending that the City Council hold a public hearing concerning an amendment to the Project and Financing Plan (the Plan) for Tax Increment Reinvestment Zone Number Eight, City of Fort Worth, Texas (Lancaster Corridor TIF), to afford an opportunity for interested persons to speak for or against the recommended approval of the Plan amendment and the TIF's designation as well as for property owners to protest inclusion of their property in the TIF; and close the public hearing and adopt an ordinance approving the amended Project and Financing Plan for Tax Increment Reinvestment Zone Number Eight, City of Fort Worth, Texas (Lancaster Corridor TIF). There being no one present desiring to be heard in connection with the public hearing, Council Member Davis made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G-15346 be approved and Ordinance No. 17100-08-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Davis expressed appreciation to Christine Maguire from the Economic and Community Development Department for all her work on this issue. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 15, 2006 PAGE 8 of 20 G-15347 There was presented Mayor and Council Communication No. G-15347 from Initiate Rezoning the City Manager recommending that the City Council authorize the City of Properties Manager to initiate rezoning of certain properties located along Autumn Drive Along Autumn and Encanto Drive, in accordance with the 2006 Comprehensive Plan. Drive and Encanto Drive Council Member Silcox made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. G-15347 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15348 There was presented Mayor and Council Communication No. G-15348 from Appoint Clerk of the City Manager recommending that the City Council consent to the Municipal Court appointment of William F. Rumuly as Clerk of the Municipal Court. Council Member Jordan made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-15348 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15349 There was presented Mayor and Council Communication No. G-15349 from Appoint Hearing the City Manager recommending that the City Council appoint David Westen Officer for as the Hearing officer for the Fort Worth Parking Violations Bureau for a two Parking Violations year term effective August 16, 2006, and the City Council's designee to Bureau conduct hearings pursuant to Chapter 34 of the City Code. Council Member Wheatfall made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G-15349 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Wheatfall stated that Mayor and Council Communication Nos. L-14230 through L-14234 pertained to acquisition of the right-of-way for the Southwest Parkway Project. He stated that he would prefer to make a motion to approve these five M&Cs at this time; however, L-14234 was continued for one week by the City Manager. City Manager Boswell stated that if the Council was ready to proceed with action on Mayor and Council Communication No. L-14234 at this time, he would withdraw continuing the item for one week. Council Member Silcox made a motion, seconded by Council Member Davis, that Mayor and Council Communication Nos. L-14230 through 14234 be approved as follows: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 15, 2006 PAGE 9 of 20 L-14230 Mayor and Council Communication No. L-14230 from the City Manager Acquire Property recommending that the City Council authorize the payment of$1,800,000.00 to for Right-of-Way Guardian Building Products Distribution, Inc., a Georgia corporation to acquire of Southwest real property located in the Vickery Corridor for right-of-way of the Southwest Parkway Parkway (S.H. 121) (DOE 3777) and estimated closing costs of $10,238.00; and authorize the appropriate City representatives to execute the documents necessary to complete the purchase located at 3701 Rutledge Street, Fort Worth, Texas 76107, Parcel 59, described as: 4.400 acres, more or less, and being all of Lot 1, Block 1 of W. M. Cameron & Co., Inc., Plant Site No. 2, an addition to the City of Fort Worth, Tarrant County, Texas. L-14231 Mayor and Council Communication No. L-14231 from the City Manager Acquire Property recommending that the City Council authorize the payment of $200,000.00 to for Right-of-Way Jimmy Edward Garcia, to acquire real property located in the Vickery Corridor of Southwest for right-of-way of the Southwest Parkway (S.H. 121) (DOE 3777) and Parkway estimated closing costs of $2,198.00; and authorize the appropriate City representatives to execute the documents necessary to complete the purchase located at 4133 West Vickery Boulevard, Fort Worth, Texas 76107, Parcel 72, described as: 0.139 acres, more or less, being the remainder of Lot 25, Block 4 of Factory Place Addition, an addition to the City of Fort Worth, Tarrant County, Texas and a portion of the north half of a vacated 16-foot alley. L-14232 Mayor and Council Communication No. L-14232 from the City Manager Acquire Property recommending that the City Council authorize the payment of $125,000.00 to for Right-of-Way Nancy J. Carpenter to acquire real property located in the Vickery Corridor for of Southwest right-of-way of the Southwest Parkway (S.H. 121) (DOE 3777) and estimated Parkway closing costs of$1,784.00; and authorize the appropriate City representatives to execute the documents necessary to complete the purchase located at 4141 West Vickery Boulevard, Fort Worth, Texas 76107, Parcel 73, described as: 0.139 acres, more or less, being the remainder of Lot 24, Block 4 of Factory Place Addition, an addition to the City of Fort Worth, Tarrant County, Texas, and a portion of the north half of a vacated 16 foot alley. L-14233 Mayor and Council Communication No. L-14233 from the City Manager Acquire Property recommending that the City Council authorize the payment of $125,057.00 to for Right-of-Way Edwin S. Wittenberg and wife, Pauline L. Wittenberg, to acquire real property of Southwest located in the Vickery Corridor for right-of-way of the Southwest Parkway Parkway (S.H. 121) and estimated closing costs of $1,784.00; and authorize the appropriate City representatives to execute the documents necessary to complete the purchase located at 4317 West Vickery Boulevard, Fort Worth, Texas, 76107, Parcel 80, described as: 0.139 acres, more or less, being the CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 15, 2006 PAGE 10 of 20 remainder of Lot 15, Block 3, Factory Place Addition, an addition to the City of Fort Worth, Tarrant County, Texas and a portion of the north half of a closed 16 foot alley. L-14234 Mayor and Council Communication No. L-14234 from the City Manager Acquire Property recommending that the City Council authorize the payment of$7,318,336.00 to for Right-of-Way Rall Properties, L.P., to acquire real property located in southwest Fort Worth of Southwest for right-of-way of the Southwest Parkway (S.H. 121) and estimated closing Parkway costs of $33,010.85; authorize the appropriate City representatives to execute the documents necessary to complete the purchase of a total of 35.447 acres included in Parcels 103, 105 and 106; authorize the payment of $1,175,000.00 to Rall Properties, L.P., in the event the City can not obtain the necessary right- of-way for the construction of Harris Parkway; and accept a donation from Rall Properties, L.P., of the remaining underlying interest in 3.78 acres of a right-of- way easement dedicated to the City of Fort Worth in 1979 and located between Parcels 105 and 106. The motion carried unanimously nine (9) ayes to zero (0) nays. PZ-2690 There was presented Mayor and Council Communication No. PZ-2690 from the Ord. No. 17101- City Manager recommending that the City Council institute and adopt an 08-2006 ordinance declaring certain findings; providing for the extension of certain Voluntary Full boundary limits of the City of Fort Worth; providing for the annexation of an Purpose approximately 0.833 acre tract of land situated in the Jose Chirino Survey, Annexation of Abstract Number 265, located south of Keller Haslet Road and east of Caylor Land (AX-06-005 Road, Tarrant County, Texas (Case No. AX-06-005) which said territory lies Park Vista adjacent to and adjoins the present corporate boundary limits of Fort Worth, Boulevard) Texas; providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas. Council Member Burdette stated that he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this issue. Council Member Espino made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. PZ-2690 be approved and Ordinance No. 17101-08-2006 adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burdette abstaining. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 15, 2006 PAGE 11 of 20 PZ-2691 There was presented Mayor and Council Communication No. PZ-2691 from the Ord. No. 17102- City Manager recommending that the City Council institute and adopt an 08-2006 ordinance declaring certain findings; providing for the extension of certain Voluntary Full boundary limits of the City of Fort Worth; providing for the annexation of an Purpose approximately 7.385 acre tract of land situated in the B. R. Lacey Survey, Annexation of Abstract Number 990, located east of U.S. Highway 287 and 81 and west of Land (AX-06-006 Willow Springs Road, a portion of the existing right-of-way of County Road Avondale Haslet 4029, the G. S. Rall Survey, Abstract No. 1801, the M. E. P. & P. R. R. Survey Road) Number 15, Abstract Number 1136, and the M. E. P. & P. R. R. Survey Number 17, Abstract No. 1131, Tarrant County, Texas (Case No. AX-06-006) which said territory lies adjacent to and adjoins the present corporate boundary limits of Fort Worth, Texas; providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas. Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. PZ-2691 be approved and Ordinance No. 17102-08-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. (Council Member Burdette stepped away from the dais.) C-21617 There was presented Mayor and Council Communication No. C-21617 from the Shahnaz B. City Manager recommending that the City Council find that the statements set Chowdhury forth in the recitals of the Tax Abatement Agreement with Shahnaz B. Chowdhury are true and correct; and authorize the City Manager to enter into a five-year Tax Abatement Agreement with Shahnaz B. Chowdhury for the property located at 2701 East Rosedale Street in the Polytechnic/Wesleyan Neighborhood Empowerment Zone (NEZ) in accordance with the NEZ Tax Abatement Policy and Basic Incentives. Mayor Pro tem Hicks made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. C-21617 be approved with appreciation. The motion carried seven (7) ayes to one (1) nay, with Council Member Silcox casting the descending vote and Council Member Burdette absent. (Council Member Silcox stepped away from the dais and Council Member Burdette returned to his chair at the dais.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 15, 2006 PAGE 12 of 20 C-21618 There was presented Mayor and Council Communication No. C-21618 from the Continued Until City Manager recommending that the City Council authorize a non-interest August 22, 2006 bearing loan from the General Fund to the Grants Fund in the amount of $800,000.00 for interim financing for the Guinn School Campus Renovation Grant with the University of North Texas-Health Science Center; adopt an appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of $800,000.00, subject to receipt of the Guinn School Campus Renovation Grant from the University of North Texas-Health Science Center, for the purpose of executing a Construction Manager at Risk contract with E3 Contract Consultants, Inc./Thomas S. Byrne, Ltd., (E3/Byrne), a Joint Venture, for the renovation of the Guinn Elementary School located at I- 35 South and Rosedale Street; and authorize the City Manager to execute a Construction Manager at Risk contract with E3/13yrne, a Joint Venture, for the renovation of the Guinn Elementary School, located at I-35 South and Rosedale Street, in the amount of$1,500,000.00. Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-21618 be continued for one week until the August 22, 2006, Council meeting. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Silcox absent. C-21619 There was presented Mayor and Council Communication No. C-21619 from the Continued Until City Manager recommending that the City Council authorize the City Manager August 22, 2006 to execute a design and construction administration services contract with Komatsu/Rangel, Inc., d/b/a/ Komatsu Architecture, for the renovation of the Guinn Elementary School, located at I-35 South and Rosedale Street, in the amount of$175,982.62. Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-21619 be continued for one week until the August 22, 2006, Council meeting. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Silcox absent. C-21620 There was presented Mayor and Council Communication No. C-21620 from the Ord. No. 17103- City Manager recommending that the City Council authorize the City Manager 08-2006 to transfer $757,008.67 from the Water and Sewer Operating Fund to the Water Jackson Capital Projects Fund in the amount of$298,218.52 and Sewer Capital Projects Construction, Ltd. Fund in the amount of $458,790.15; adopt an appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of$298,218.52 and the Sewer Capital Projects Fund in the amount of $458,790.15 from available funds for the purpose of executing a CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 15, 2006 PAGE 13 of 20 contract with Jackson Construction, Ltd., for pavement reconstruction and water and sanitary sewer replacement on Azalea Avenue (Carroll Street to Foch Street), Foch Street (Weisenberg Street to Merrimac Street), and Merrimac Street (Carroll Street to Templeton Drive); and authorize the City Manager to execute a contract with Jackson Construction, Ltd., in the amount of $1,313,326.00 for pavement reconstruction and water and sanitary sewer replacement on Azalea Avenue (Carroll Street to Foch Street), Foch Street (Weisenberg Street to Merrimac Street), and Merrimac Street (Carroll Street to Templeton Drive) (Project No. 00151). (Council Member Silcox returned to his chair at the dais.) Council Member Davis made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-21620 be approved and Appropriation Ordinance No. 17103-08-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21621 There was presented Mayor and Council Communication No. C-21621 from the Ord. No. 17104- City Manager recommending that the City Council authorize the City Manager 08-2006 to transfer $756,688.70 from the Water and Sewer Operating Fund to the Water Stabile & Winn, Capital Projects Fund in the amount of$654,067.35 and Sewer Capital Projects Inc. Fund in the amount of $102,238.35; adopt an appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of$654,067.35 and the Sewer Capital Projects Fund in the amount of $102,238.35 from available funds for the purpose of executing a contract with Stabile & Winn, Inc., for pavement reconstruction and water and sanitary sewer replacement on North Chandler Drive (Daisy Lane to Goldenrod Avenue), Daisy Lane (Blandin Street to North Chandler Drive), Honeysuckle Avenue (North Sylvania Avenue to North Riverside Drive), Goldenrod Avenue (North Chandler Drive to North Riverside Drive), and Marigold Avenue (North Sylvania Avenue to North Riverside Drive); and authorize the City Manager to execute a contract with Stabile & Winn, Inc., in the amount of $1,944,253.05 for pavement reconstruction and water and sanitary sewer replacement on North Chandler Drive (Daisy Lane to Goldenrod Avenue), Daisy Lane (Blandin Street to North Chandler Drive), Honeysuckle Avenue (North Sylvania Avenue to North Riverside Drive), Goldenrod Avenue (North Chandler Drive to North Riverside Drive), and Marigold Avenue (North Sylvania Avenue to North Riverside Drive) (Project No. 00149). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 15, 2006 PAGE 14 of 20 Council Member Espino made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-21621 be approved and Appropriation Ordinance No. 17104-08-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21622 There was presented Mayor and Council Communication No. C-21622 from the Dale Resources, City Manager recommending that the City Council approve the acceptance of a LLC lease agreement for natural gas drilling under 4.503 acres (2.2515 net mineral acres) more or less of City-owned properties located in Tarrant County known as the River Trails Park to Dale Resources, LLC, for a two-year term. Council Member Scarth made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-21622 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. Item XVI It appeared that the City Council set today as the date for the public hearing in Budget Hearing connection with the proposed Fiscal Year 2006-2007 Appropriation Ordinance and Ad Valorem Tax Levy Ordinance. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. There being no one present desiring to be heard, Mayor Moncrief stated that the public hearing would remain open until final adoption of the subject ordinances. AGENDA ITEM XVIIA — ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL Zoning Hearing It appeared to the City Council that the Notice of Special Hearing set today as the date for the hearing in connection with recommended changes and amendments to Zoning Ordinance No. 13896 and that notice of the hearing had been given by publication in the Commercial Recorder, the official newspaper of the City of Fort Worth, on July 26, 2006. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. (Mayor Pro tem Hicks stepped away from the dais.) ZC-06-185 Mr. Jim Schell, 901 Fort Worth Club Building, representing the applicant, Approved appeared before Council in support of the zoning change. He provided a background on the zoning case and explained that the property had not been zoned when it was originally annexed into the City of Fort Worth. He stated that the requirement to submit a site plan for new construction at this long CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 15, 2006 PAGE 15 of 20 existing business, no matter how minor, was unreasonable. He suggested the following zoning alternative: Zone the five +/- acre tract of land within the existing Kroger site as "I" Light Industrial with the remainder of the tract zoned "PD/SU" Planned Development/Specific Use for all uses in "J" Medium Industrial with exclusions as reflected on Zoning Docket No. ZC-06-185, and with waiver of the site plan. Council Member Espino made a motion, seconded by Council Member Wheatfall, that the application of Kroger Texas, L.P., for a change in zoning of property located at 5801 Kroger Drive from "AG" Agricultural to "PD/SU" Planned Development/Specific use for all uses in "J" Medium Industrial, excluding the following uses: Power plant or central station light, circus, brewery, distillery, or winery, cement products plant grain elevator, manufacture of basket material, bicycles, boots, boxes, caskets and shoes, manufacture of dyes, cores, die-casting molds, metal casting, metal stamping, dyeing, shearing or punching, mill feed or flour, planning mill or woodworking shop, poultry killing or dressing, railroad freight or classification yard, and site plan required for new construction, Zoning Docket No. ZC-06-185, be approved as amended with the following stipulations: the five +/- acre tract of land within the existing Kroger site zoned as "I" Light Industrial with the remainder of the tract zoned "PD/SU" Planned Development/Specific Use for all uses in "J" Medium Industrial with exclusions as reflected above and with waiver of the site plan. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. ZC-06-193 Mayor Moncrief stated that the application of the City of Fort Worth for a Considered After change in zoning of property located at 3701 through 3883 Bellaire Circle, Executive Session 3800 through 3900 West Biddison, 3800 through 3845 Shelby, 3800 through 3897 South Hills Circle, and 3809 Encanto Drive from "A-5" One-Family Residential to (Area 2) "A-10" One-Family Residential, and (Area 1) "A-21" One-Family Residential, Zoning Docket No. ZC-06-193 would be considered after the Executive Session, but that citizen presentations on this item would be heard at this time. Jack Douglas Mr. Jack Douglas, 3840 Shelby Drive, appeared before Council in support of the zoning change. He requested that the Council ensure that the zoning was appropriate for the intended land use. He gave reference to a developer's intention of building five residential structures on a one-acre lot and stated that use was unacceptable. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 15, 2006 PAGE 16 of 20 Louise Appleman Ms. Louise Appleman, 3855 Bellaire Circle, was recognized by Mayor Moncrief as being in support of the zoning change. Ms Appleman stated that Mr. Douglas had expressed her concerns and she did not need to address the Council. ZC-06-194 Council Member Burdette made a motion, seconded by Council Member Approved Wheatfall, that the application of the City of Fort Worth for a change of zoning of property located at 12767 through 12840 Moss Drive, 1501 through 1549 Singleton Court, 12800 through 13025 Singleton Drive, 1500 through 1709 Velda Kay Lane, 1600 through 1649 Weeping Willow Drive, 12900 through 12925 Whisper Willows Court, 12801 through 12857 Whisper Willows Drive, and 13000 through 13125 Willow Crossing Drive, from "AG" Agricultural to "A-43" One-Family Residential, Zoning Docket No. ZC-06-194, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. (Mayor Pro tem Hicks returned to her chair at the dais and Council Member Silcox stepped away from the dais and left the meeting.) Item XVIII Mr. Joe Don Brandon, 1415 E. Lancaster, representing The Working Poor Citizen Council for Better Living, appeared before Council relative to City of Fort Presentations Worth jail responsibilities and the working poor movement in Dallas and Fort Worth. Mr. Brandon spoke about being arrested and provided a list of problems at the Mansfield jail while he was incarcerated. He requested the City investigate the poor conditions, overcrowding, lack of adequate food, unclean conditions, leaking water and trash at the facility. He referred to harassment of homeless people by the police department and that his organization was creating a website for electronic exposure of the situations. He advised of his appearance at the next Council meeting to address problems on the East side, sidewalk problems, and abuse of poor people. Agenda Item XIX It was the consensus of the City Council that they recess into Executive Session Executive Session at 11:08 a.m. to: 1. Seek the advice of its attorneys concerning the following pending or contemplated litigation or other matters that are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules as authorized by Section 551.071 of the Texas Government Code: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 15, 2006 PAGE 17 of 20 a) City of Fort Worth vs. 3120 Precinct Line Road L.L.C., and Walker Branch Recycling, Inc., Cause No. 04-20857-2, Tarrant County Court at Law#2; b) Love Terminal Partners, L.P., and Virginia Aerospace, LLC. Vs City of Dallas, City of Fort Worth, American Airlines, Inc., Southwest Airlines, Inc., and Dallas/Fort Worth International Airport Board, Civil Action No. 3-06-CV-1279-D; c) Legal issues concerning the Wright Amendment and D/FW International Airport; d) Legal issues concerning city boards and commissions; e) Legal issues concerning any item listed on today's City Council meeting agendas; and 2. Deliberate the purchase, sale, lease, or value of real property in accordance with Section 551.072 of the Texas Government Code. Deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third party; and 3. Deliberate concerning economic development negotiations as authorized by Section 551.087 of the Texas Government Code; and 4. Deliberate the deployment, or specific occasions for implementation, of security personnel or devices, in accordance with Section 551.076 of the Texas Government Code. Reconvened The City Council reconvened into regular session at 11:46 a.m. Mayor Moncrief returned to Agenda Item XVIIA— Zoning Docket No. ZC-06- 193. ZC-06-193 Council Member Silcox advised the Council that two separate motions would Approved be made for Zoning Docket No. ZC-06-193. He made a motion, seconded by Council Member Wheatfall, that the application of the City of Fort Worth for a change in zoning of property located at 3701 through 3883 Bellaire Circle, 3800 through 3900 West Biddison, 3800 through 3845 Shelby, 3800 through 3897 South Hills Circle, and 3809 Encanto Drive from "A-15" One-Family Residential to (Area 2) "A-10" One-Family Residential, and (Area 1) "A-21" CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 15, 2006 PAGE 18 of 20 One-Family Residential, Zoning Docket No. ZC-06-193, be approved with the following amendment: AREA 2 (CURRENTLY ZONED A-5) NUMBER STREET ZONING CHANGED TO 3740 Bellaire Circle A-21 3 827 Shelby Drive A-21 3 83 5 Shelby Drive A-21 3845 Shelby Drive A-43 3825 South Hills Circle A-21 3833 South Hills Circle A-21 3848 W. Biddison Street A-21 3900 W. Biddison Street A-21 AREA 1 CURRENTLY ZONED A-5) NUMBER STREET ZONING CHANGED TO 3824 Bellaire Circle A-43 3840 Bellaire Circle A-43 3841 Bellaire Circle A-43 3847 Bellaire Circle A-43 3850 Bellaire Circle A-43 3855 Bellaire Circle A-43 3860 Bellaire Circle A-43 3861 Bellaire Circle A-43 3866 Bellaire Circle A-43 3867 Bellaire Circle A-43 3872 Bellaire Circle A-43 3876 Bellaire Circle A-43 3877 Bellaire Circle A-43 3882 Bellaire Circle A-43 3809 Encanto Drive A-43 3860 South Hills Circle A-2.5 3866 South Hills Circle A-43 3874 South Hills Circle A-43 3882 South Hills Circle A-43 (Council Member Espino assumed his chair at the dais.) The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 15,2006 PAGE 19 of 20 Council Member Silcox made a motion, seconded by Council Member Wheatfall, that all remaining properties reflected on Zoning Docket No. ZC-06- 193, be approved as passed by the City Zoning Commission. The motion carried unanimously nine (9) ayes to zero (0)nays. There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Silcox made a motion, seconded by Council Member Wheatfall, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 17105-08-2006 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY RESIDENCE AND OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF THE BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABIL,ITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. The motion carried unanimously nine (9) ayes to zero (0) nays. Agenda Item XX There being no further business, the meeting was adjourned at 11:51 a.m. Adjournment These minutes approved by the Fort Worth City Council on the 22nd day of August, 2006. Attest: Approved: Marty Hen •ix Michael J. Moncri City Secretary Mayor